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33RD QUEENSLAND STATE CONVENTION - MANAGE THE RISK. MAKE THE RIGHT MOVES

Published on 04 Jun 2004 | Took place at Conrad Jupiters Gold Coast, QLD

This convention was designed to provide tax professionals with the most current and vital information required for them to effectively advise their clients or organisation.

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Individual sessions

Challenging the paradigm of tax risk management

Author(s):  Grant TOWNSEND The shift in the ATO's audit strategy over the past decade requires tax practitioners to challenge the traditional paradigm of tax risk management. The tax practitioner of today needs to go beyond merely interpreting and advising on tax law. Learn about key areas of tax risk management such as:
- knowing your client's business
- the importance of the relationship with the ATO team
- establishing a reasonably arguable position
- negotiation skills
- understanding the entire tax system, not just the legislation.

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Corporate Mergers and Acquisitions

Author(s):  James PETERSON Advisers need to understand the current tax environment and how this has impacted on the strategies implemented by vendors and purchasers. Read about:
- the asset vs. share sale conundrum (is it irrelevant in a post-consolidated environment?)
- analysing potential tax liabilities of your purchase
- joint and several liability - what to look for and how to deal with it
- extracting value prior to exit - vendor strategies
- extracting maximum value from your due diligence - purchaser strategies
- demerger relief.

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Maintaining integrity and confidence in the tax system

Author(s):  Michael D'ASCENZO This paper gives the views of the Second Commissioner of Taxation and Chief Tax Counsel on the topical tax issues of today and those of tomorrow. It will provide you with a deeper understanding of the ATO's views on particular tax matters and future direction - something you will not glean from a text book!

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Trusts - review your strategies

Author(s):  Mark L ROBERTSON What is the agenda and how do you manage the risks? Are your trust strategies still valid? This paper covers:
- managing Div. 7A risk
- planning and implementing effective distributions
- statute barred loans and implications for trusts
- latest issues.

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Employment Taxes

Author(s):  Nicole BRYANT Both State and Federal Governments, impose numerous tax obligations on Australian businesses, with the basis of the tax being the employer/employee relationship. These employment-based taxes include:
- income tax (through the PAYG withholding system)
- fringe benefits tax
- superannuation guarantee
- payroll tax
- workers' compensation.

The purpose of this paper is to review the definitions of 'employee' in respect of the different employment related taxes, discuss the differences between the definitions and approaches for practitioners to deal with such differences.

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GST - Risk Management

Author(s):  Bruce HAMILTON,  Rob DALLA-COSTA GST compliance continues to be uppermost on the ATO agenda. Find out:
- what's hot & what's not?
- what's right & what are your rights?
- what can you expect & what do they expect?
- where to from here & what do you need to do to get there?

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Business Structures for SMEs

Author(s):  Peter J MCKNOULTY Choosing the right structure for a small business has never been more difficult, requiring a tradeoff between competing objectives. This paper covers the following topics:
- income tax, CGT and other considerations
- how to create a structure that meets asset protection, succession and the distribution needs for your client
- how to get maximum value out of your present structure
- accessing the CGT concessions
- some case study examples for various business structures.

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Tax Consolidation - No more rehearsals. Let the show begin!

Author(s):  Ken SPENCE Tax consolidation issues have been discussed and workshopped extensively over the past two years but now it's time for many corporates to bite the bullet, finalise their calculations and lodge their first consolidated return.

This paper reviews technical positions being taken on common difficult issues. It will also highlight the new issues that corporates will have to confront as they operate into the future as consolidated tax groups.

- The ACA 'terrible timing': Step 2 liabilities and Step 3 retained earnings.
- What are 'assets' for ACA allocation purposes.
- Capital allowance assets: 'over-depreciation' and future depreciation rates.
- Strategies for loss and value 'donations'.

This was also presented at the Consolidation: 10 traps to watch out for seminars held in Melbourne on 20 May 2004 and in Sydney on 26 May 2004.

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Tax & GST Update

Author(s):  Susan YOUNG To know the next move, it is vital to be up to date with the latest tax developments. This paper highlights:
- the latest legislative changes
- major cases
- important rulings and determinations
- essential information in relation to issues concerning income tax, CGT, FBT, GST, STS and compliance issues.

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Corporate Fitness - avoid paying tax on your lifestyle

Author(s):  Toby FORD If we are all thinking global and acting local, then what happens when things drop off, or fall out and don't work any more? Do we trade in, trade out, trade up? This paper is about you, not what you have to do for your clients or your company. This is about how much tax you're paying on your lifestyle. It also covers resilience and how we can all maximise our effectiveness at work.

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Transfer Pricing - small medium enterprise case study

Author(s):  John BLAND,  Kevin GRIFFITHS,  Dale LEWIS Transfer Pricing continues to be an area of major focus for the ATO, and an area of major risk for taxpayers. This presentation covers:
- transfer pricing risk management
- Schedule 25A and transfer pricing documentation
- ATO audit management
- the role of the corporate tax manager in transfer pricing work and ATO audits.

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Preparing for the end of the property boom - trading stock

Author(s):  Marc DENOVAN The property industry continues to be a significant part of the engine room of the Australian economy. Whether the boom will end and indeed, when it may end is a matter of some conjecture. However, whether or not the current boom continues or slows, there are many income tax issues that require monitoring and attention, going forward. The focus of this paper is on property as trading stock:
- the tax cost of trading stock and trading stock disposals
- interaction of the trading stock provisions with tax consolidations and GST
- trading stock in joint ventures.

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The end of the property boom - capital allowances

Author(s):  Keith BURCHILL The property industry continues to be a significant part of the engine room of the Australian economy. Whether the boom will end and indeed, when it may end is a matter of some conjecture. However, whether or not the current boom continues or slows, there are many income tax issues that require monitoring and attention, going forward. The focus of this paper is on available capital allowances:
- composite assets - where to apply Div. 40 and 43
- maximising the allowances - plant and effective life limitations
- leasehold interests, the holder rules, and deductions when tenants exit premises.

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